1 | 1 | | 89R2479 CS-D |
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2 | 2 | | By: Bucy H.B. No. 577 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the notice period for certain evictions. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 24.005, Property Code, is amended by |
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12 | 12 | | amending Subsections (a) and (b) and adding Subsection (b-1) to |
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13 | 13 | | read as follows: |
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14 | 14 | | (a) Except as otherwise provided by Subsection (b-1), if |
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15 | 15 | | [If] the occupant is a tenant under a written lease or oral rental |
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16 | 16 | | agreement, the landlord must give a tenant who defaults or holds |
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17 | 17 | | over beyond the end of the rental term or renewal period at least 14 |
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18 | 18 | | [three] days' written notice to vacate the premises before the |
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19 | 19 | | landlord files a forcible detainer suit, unless the parties have |
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20 | 20 | | contracted for a shorter or longer notice period in a written lease |
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21 | 21 | | or agreement. A landlord who files a forcible detainer suit on |
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22 | 22 | | grounds that the tenant is holding over beyond the end of the rental |
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23 | 23 | | term or renewal period must also comply with the tenancy |
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24 | 24 | | termination requirements of Section 91.001. |
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25 | 25 | | (b) Except as otherwise provided by Subsection (b-1), if |
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26 | 26 | | [If] the occupant is a tenant at will or by sufferance, the landlord |
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27 | 27 | | must give the tenant at least 14 [three] days' written notice to |
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28 | 28 | | vacate before the landlord files a forcible detainer suit unless |
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29 | 29 | | the parties have contracted for a shorter or longer notice period in |
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30 | 30 | | a written lease or agreement. If a building is purchased at a tax |
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31 | 31 | | foreclosure sale or a trustee's foreclosure sale under a lien |
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32 | 32 | | superior to the tenant's lease and the tenant timely pays rent and |
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33 | 33 | | is not otherwise in default under the tenant's lease after |
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34 | 34 | | foreclosure, the purchaser must give a residential tenant of the |
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35 | 35 | | building at least 30 days' written notice to vacate if the purchaser |
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36 | 36 | | chooses not to continue the lease. The tenant is considered to |
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37 | 37 | | timely pay the rent under this subsection if, during the month of |
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38 | 38 | | the foreclosure sale, the tenant pays the rent for that month to the |
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39 | 39 | | landlord before receiving any notice that a foreclosure sale is |
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40 | 40 | | scheduled during the month or pays the rent for that month to the |
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41 | 41 | | foreclosing lienholder or the purchaser at foreclosure not later |
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42 | 42 | | than the fifth day after the date of receipt of a written notice of |
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43 | 43 | | the name and address of the purchaser that requests payment. Before |
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44 | 44 | | a foreclosure sale, a foreclosing lienholder may give written |
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45 | 45 | | notice to a tenant stating that a foreclosure notice has been given |
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46 | 46 | | to the landlord or owner of the property and specifying the date of |
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47 | 47 | | the foreclosure. |
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48 | 48 | | (b-1) Notwithstanding Subsections (a) and (b), if the |
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49 | 49 | | landlord terminates the lease as provided by Section 91.003, the |
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50 | 50 | | landlord may file a forcible detainer suit on or after the third day |
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51 | 51 | | after the date the landlord gives notice to a tenant under a written |
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52 | 52 | | lease or oral rental agreement or at will or by sufferance. |
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53 | 53 | | SECTION 2. The changes in law made by this Act apply only to |
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54 | 54 | | an eviction suit in which the notice to vacate is given on or after |
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55 | 55 | | the effective date of this Act. An eviction suit in which the notice |
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56 | 56 | | to vacate is given before the effective date of this Act is governed |
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57 | 57 | | by the law as it existed immediately before the effective date of |
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58 | 58 | | this Act, and that law is continued in effect for that purpose. |
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59 | 59 | | SECTION 3. This Act takes effect September 1, 2025. |
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